No. 18-5015

Edwin Aponte v. Eric Tice, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2018-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights confrontation-clause due-process habeas-corpus ineffective-assistance-of-counsel merits-review procedural-default prosecutorial-misconduct self-defense sixth-amendment state-appellate-procedure
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Was petitioner's prosecutorial misconduct claim procedurally defaulted for failing to present it in state appellate procedure when the highest state court ruled on the merits of the claim?

Question Presented (OCR Extract)

No question identified. : QUESTION(S) _| A. Was petitioner’s prosecutorial misconduct claim cama defaulted for failing to present it in state appellate procedure rule when the highest state court shed on the merits of the claim? B. Did the District Court error by opining that petitioner could | show prejudice by the Confrontation Clause Violations? | C. Was trial counsel deficient under the Sixth Amendment for iling to argue the prosecution’s __ withholding of evidence claim? ; D. Did the denial of self-defense instruction violated Due ‘ .

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-25
Waiver of right of respondents Tice, Supt., Smithfield, et al. to respond filed.
2018-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)
2018-03-06
Application (17A931) granted by Justice Alito extending the time to file until March 19, 2018.
2018-01-10
Application (17A931) to extend the time to file a petition for a writ of certiorari from January 17, 2018 to March 18, 2018, submitted to Justice Alito.

Attorneys

Edwin Aponte
Edwin Aponte — Petitioner
Edwin Aponte — Petitioner
Tice, Supt., Smithfield, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent